During the warranty period, transportation for delivery of the failing Machine to IBM
will be at IBM’s expense.
Limitation of Liability: The following paragraph is added to this section:
The limitations and exclusions specified in the Statement of Limited Warranty will not
apply to damages caused by IBM with fraud or gross negligence and for express warranty.
The following sentence is added to the end of item 2:
IBM’s liability under this item is limited to the violation of essential contractual terms
in cases of ordinary negligence.
EGYPT
Limitation of Liability: The following replaces item 2 in this section:
as to any other actual direct damages, IBM’s liability will be limited to the total amount
you paid for the Machine that is the subject of the claim. For purposes of this item,
the term yMachinez includes Machine Code and Licensed Internal Code (LIC).
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the first paragraph
of this section:
In such instances, regardless of the basis on which you are entitled to claim damages
from IBM, IBM is liable for no more than: (items 1 and 2 unchanged).
GERMANY
What this Warranty Covers: The following replaces the first sentence of the first
paragraph of this section:
The warranty for an IBM Machine covers the functionality of the Machine for its normal
use and the Machine’s conformity to its Specifications.
The following paragraphs are added to this section:
The minimum warranty period for Machines is twelve months. In case IBM or your reseller
is unable to repair an IBM Machine, you can alternatively ask for a partial refund as
far as justified by the reduced value of the unrepaired Machine or ask for a cancellation
of the respective agreement for such Machine and get your money refunded.
The second paragraph does not apply.
What IBM Will Do to Correct Problems: The following is added to this section:
During the warranty period, transportation for delivery of the failing Machine to IBM
will be at IBM’s expense.
Limitation of Liability: The following paragraph is added to this section:
² E. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002 E-13
